What actions exist to protect possession?

Article by: Lic. Laia Narváez Segundo | Last update: April 10, 2022
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Possessory actions

    Verbal trial to retain or recover possession. Verbal trial on possession of property acquired by inheritance. Verbal trial for the suspension of new construction. Verbal trial for the demolition of ruinous buildings or objects. The public action.

How is possession protected in Mexico?

Possession protection is carried out through actions that are processed in a specific procedure, such as injunctions, next to which is the public action, also called plenary action of possession, through which the possession considered in itself is protected. or in your case, having…

What is a possessory action?

A possessory action is a summary procedure that arises with the objective of retaining or recovering the legitimate possession of an asset.

How is possession defended in Colombia?

For the exercise of these actions and their good purpose, that is, for the defense of possession, the possessor must prove a series of requirements: Possession of the thing by the person who claims it. Possession or possession of the thing or right that is said to have been disturbed must be proven.

What does article 972 say?

Despite the obligation to reserve, the father or mother, married for the second time, may improve the assets that can be reserved for any of the children or descendants of the first marriage, in accordance with the provisions of article 823.

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What are the special possessory actions?

Possession process. The possessory process is foreseen so that by sentence the following is ordered or ordered: i) cease the disturbance. ii) provide security against well-founded fear. iii) prohibits the execution of a work or an act (CGP art.

What does article 96 of the civil code say?

Article 96 of the Spanish Civil Code establishes that the use of the family home will generally correspond to the common children who are minors and to the spouse who has custody of the children.

How is possession of a property accredited?

To prove civil possession, the plaintiff could offer testimonial evidence, by means of which the witnesses could state that they know and are aware that the plaintiff has always acted as the owner, by virtue of specific acts of disposition made on their own, such as build on the property or…

How to make the deed of a land with possession?

The only way to notarize the holder is through the usucapion trial. The usucapion trial, is a trial in which possession must be proven, requires as an essential requirement that the possession be peaceful, continuous and uninterrupted for a period of 20 years (how is it proven?

How is possession defended through criminal action?

Possession can be defended by the possessor, using his own force, an element that coincides with the definition of self-defense, as criminal defense. In it, the non-existence of excesses in its usage must be taken into account. Once you have it, it is legitimate to defend possession.

What are possession acts?

Possession act is a voluntary fact that produces a physical modification on the thing supposedly possessed and that allows reaching the conviction of having been in contact with it with the spirit of owner.

When does the possession action proceed?

The action is possessory if the facts cause by their nature the dispossession or disturbance of possession, even if the defendant pretends that he does not challenge the actor’s possession. Acts performed without the intention of becoming a possessor should not be judged as a possessory action but rather as an action for damages.

Who can file a possessory action?

The Possessory Action can only be exercised on things that are likely to be acquired by prescription and the possessor is the owner of this action, but the one who has been in calm and uninterrupted possession for a year.

What is the difference between possession and ownership?

The right to property is the right that a person has to enjoy and dispose of their property. Possession is the de facto power that a person has over an asset or a right and performs material acts that manifest the powers that the asset or right confers.

What is the deed of possession?

It is a procedure that is carried out before a Notary and allows a person who does not have a property title to formalize their status as a real and constant inhabitant of a home that they do not own.

How are the lots with possession?

Possession of real estate or land.

Possession is nothing more than the manifestation of a person becoming the owner of a property, whether movable or immovable, since ownership of any kind of these assets can be obtained when the requirements established in the civil code for it are met.

How can I deed a land without papers?

To do so, you must go before a notary public to certify the action and bring papers such as the deed of the land, official identification of the people whose names appear in said document, and identification of the person interested in being the new owner of the property.

How is possession of a property proven?

The owners may request the Declaration of regular possession, before a notary of the circle where the property is located. The registration of the declaration of the quality of regular holders of said assets, in order to be enabled to acquire their domain by ordinary prescription.

When is possession of a property delivered?

When is possession of the property delivered? Normally on the day of the deed, the keys are handed over and the new owner takes possession of the property.

How is possession acquired?

Possession can be acquired by virtue of a lawful act or fact, such as a commodatum or illicit contract, as in the case of the crime of dispossession.

What is the principle of good faith?

Good faith is a general principle of law that consists of the presumption that a person acts with appropriate behavior in legal traffic. The principle of good faith is an indeterminate legal concept.

What does article 93 of the Civil Code say?

general principle. The existence of the human person ends with his death.

When a person disappears from the place of his domicile?

When a person disappears from his place of residence, his whereabouts being unknown, the disappearance will be regarded as a mere absence, and his attorneys or legal representatives will represent him and take care of his interests. ARTICLE 97.

How are possessory shares classified?

Classes of shares owned

amparo complaint, restitution action and restoration action and the actions called “Special possessory actions” which are: new work complaint and dilapidated work complaint.

What are Peru’s possessory shares?

The Possession Actions are judicial possessory defenses, which take place only and exclusively, when there is a question of right to possession, thus only possessory actions are granted to those who have the right to possession by means of a title.

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